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Former AGF’s Aondoakaa loses legal battle over Benue APC governor’s ticket

The Federal High Court in Abuja on Thursday dismissed a case brought by the former Attorney General of the Federation, AGF, and the claimant to the position of governor at the All Progressives Congress (APC) in Benue, Mr Michael Ondaka (SAN).

The suit was challenging the pastor’s appearance. dad. Sfeir Alia as the party’s candidate for governor in the 2023 Conservative election.

Delivering judgment on Thursday in Abuja, Judge Ahmed Ramat Mohamed said that although the lawsuit was a pre-election matter, Andwaka had filed it after the time required by law.

The protest of the AGF and the former Minister of Justice is that the Benue APC primaries were not conducted in accordance with the law.

“The APC primaries took place on May 26 and the plaintiff is mandated by law to commence an action within 14 days.”

The judge held that the law was vulgar in that when a cause of action commenced on time, the right of the litigant would be protected.

Since the primary was held on May 26, he said, filing the lawsuit on June 10 prevented the suit from being placed.

May 26th to June 10th is the 14-plus day period for filing a pre-election question. Thus the lawsuit is not competent and the court lacks jurisdiction to consider the lawsuit and the lawsuit is hereby dismissed.

The judge also said that after finding that the lawsuit was filed late, there is no basis to go into the substance of the matter.

Andwaka had taken the APC, Father Alia and the Independent National Electoral Commission to court on the grounds that the APC had held its primary election for governor in Benue in violation of the law.

He asked the court to declare, among other things, that Alia was unfit to contest the primaries because he was not a member of the GPC party.

His connections: “Declaring the Second Defendant (Father Alia) ineligible to vote, contest, and/or declare the winner of the Benue Governor’s Primary (APC) primary to a First Defendant, who was not a party member and whose name did not appear on the party membership record list submitted to the Independent National Electoral Commission.

“Declaring that in accordance with the provisions of the Elections Act and the Constitution of the APC Party, the party has failed, neglected or refused to hold primary elections for the emergence of the Benue State gubernatorial candidate for the 2023 Benue State gubernatorial election.

“Declaring that by reason of the APC’s non-compliance with the provisions of the 2022 Elections Act and its Constitution in holding primary elections in Benue for the emergence of its gubernatorial candidate, Fr.

Declaring the Benue APC gubernatorial primary election null and void and of no effect whatsoever, allegedly, on May 26 due to failure to comply with provisions of the law.

“FURTHER DECLARATION THAT THE BENUE APC gubernatorial primary summary results sheet dated May 28th is null and void and of no effect whatsoever.”

Aondoakaa also asked the court to state that Fr. Alia could not properly compete and be declared the winner of the APC primary being an ordained priest of the Catholic Church and fully engaged as a minister in the employment and/or ministry of the Catholic Church.

He also called on the court to declare that he was not given an equal opportunity to participate in the Benue APC gubernatorial primary.

He further asked the court to issue an order directing the new conduct of the Benue APC gubernatorial primary.

In addition, the plaintiff requested a permanent restraining order prohibiting the father. Alia from holding, continuing or offering himself as the gubernatorial candidate of the APC on March 11, 2023, for the gubernatorial elections in Benue.

Former AGF’s Aondoakaa loses legal battle over Benue APC governor’s ticket

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